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City Council says employee Rafael Rubio remains in ICE custody; Council and legal groups file habeas and amicus briefs

New York City Council · February 13, 2026

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Summary

Presiding Official reported that city employee Rafael Rubio was detained by ICE after a routine appointment and remains held in New York; the Council engaged NILAG for a habeas petition and the Law Department filed an amicus brief after bond was denied Feb. 2. The Council said it is working to secure Rubio’s return.

Presiding Official reported that City employee Rafael Rubio was taken into ICE custody after what the speaker described as a "routine appointment" and remains detained in New York. "We strongly believe that our employee, Rafael Rubio, is obviously being wrongly detained by ICE," the Presiding Official said, adding that the Council is "working around the clock to secure Rafael's return."

The Council asked NILAG and the New York Immigrant Coalition to assist; NILAG filed a habeas petition on Rubio’s behalf and the city Law Department filed an amicus brief this week after Rubio’s bond was denied on Feb. 2. The Presiding Official said Council members have attended Rubio’s virtual court appearances and are in near-daily contact with his family.

Council officials framed the legal steps as part of a broader push to expand legal representation for immigrant New Yorkers, including proposals to increase funding for organizations that help with habeas petitions and to expand a 24-hour legal hotline. "Making sure that immigrant communities know their rights, making sure that they're being connected to legal representation ... all of these are things that we're looking to beef up and expand upon," the Presiding Official said.

The Council did not announce a court date for Rubio nor did the transcript record an outcome of the pending appeal. NILAG and the Law Department, cited in Council remarks, were identified as legal participants but did not provide on-record comments in the transcript. The Presiding Official said the Council will continue advocacy and legal coordination until Rubio is returned to his city position or a different outcome is reached.